26. Determination of preliminary point of jurisdiction
(1) If the arbitral tribunal rules on an objection referred to in subsection 25(1) or 25(2) as a preliminary question, the Court may, on the application of a party to the arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal. A party may lose the right to object pursuant to section 10.
(2) An application under this section shall not be considered unless (a) it is made with the agreement in writing of all the other parties to the proceedings, or (b) it is made with the permission of the tribunal and the court is satisfied (i) that the determination of the question is likely to produce substantial savings in costs, (ii) that the application was made without delay, and (iii) that there is good reason why the matter should be decided by the Court.
(3) An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the Court.
(4) Subject to any agreement by the parties, while such a request is pending, the arbitral tribunal may stay the arbitral proceedings or continue the arbitral proceedings and make an award.
(5) The decision of the Court on the question of jurisdiction shall be treated as a judgment of the Court. The decision of the Court shall not be subject to appeal.